DUI

AN OVERVIEW OF DUI

Driving under the influence (DUI) is the crime of driving while being affected by alcohol or other drugs (including prescription medications and recreational substances) to the point where it is unsafe for the person to operate a motor vehicle.

23152(a) VC – “DUI of Alcohol”

California Vehicle Code 23152(a) prohibits drinking and driving. Though you show indications of drunkenness, you may be charged with a DUI even if your blood alcohol level is below .08 percent. If a breathalyzer or blood test shows a BAC (Blood Alcohol Content) of 0.08 percent or greater, prosecutors will charge you with two offenses:

Driving under the influence, prohibited by Vehicle Code 23152(a) and
Vehicle Code 23152(b) (driving with excessive BAC).

Even if both of these accusations are upheld, just one DUI conviction will result from the two counts.

Prohibition
California Vehicle Code 23152(a) prohibits drunk driving. This law applies if your physical or mental faculties are impaired enough to prevent you from driving safely.

DUI arrests need a Breathalyzer blood test to ascertain BAC (blood alcohol content). You may be convicted of DUI even if your alcohol test results are below 0.08 percent. Prosecutors only need to demonstrate two things:

You drove a motor vehicle, and
You were under the influence of alcohol at the time you drove.

How Can I fight the Charges? Charges of DUI under VC 23152(a) may be defended in a variety of ways. The following arguments are three prevalent ones:

You were operating your car safely.
Field sobriety tests do not accurately assess the effects of alcohol.
The police disregarded the correct protocol.

Penalties in California

Penalties in California Each subsequent DUI under VC 23152(a) is a misdemeanor with increasing consequences. County languages may vary.

Driving under the influence charge	California Penalties*
First time DUI in 10 years	Summary probation for three to five years (often only three); DUI education If BAC is less than 0.15%, DUI school must be completed in three months, amounting to 30 hours. If BAC is between 0.15% and 0.19%, DUI school must be completed in six months, amounting to 60 hours. If BAC is 0.20% or more, DUI school must be completed in nine months, amounting to 90 hours. A Victim Impact Panel appearance; Penalties ranging from $390 to $1,000 plus penalty fees; 6-month suspension of your driver’s license, however, you can normally drive right away if you put an ignition interlock device (IID) in your car during that time; 48 hours to 6 months in prison (judges usually don’t award prison time if they grant probation); and Job release (depending on the county).
Second time DUI in 10 years	3 to 5 years of summary probation; an 18- to 30-month program for DUI education. Penalties range from $390 to $1,000 plus penalty fees 2-year license suspension, yet you can often drive right away for a year with an IID in your vehicle. One year to 96 hours in prison (the court may agree to grant house arrest or a work program instead of jail).
Third time DUI in 10 years	Summary probation for three to five years; a 30-month DUI school program. Penalties range from $390 to $1,000 plus penalty fees; 3-year license suspension, yet you can often drive right away for two years with an IID in your vehicle. 1 year to 120 days in county jail (the minimum sentence is 30 days in jail if the judge grants probation and orders a 30-month DUI school course).
Some aggravating conditions, such as speeding while under the influence (VC 23582), having a child under the age of 14 in the car (VC 23572), or having a blood alcohol content (BAC) of 0.15% or greater, may result in harsher penalties for DUI convictions.*

Can I Get Probation Instead of Prison Time?

First-time VC 23152(a) violators may get informal probation instead of prison time. However, second, third, and subsequent crimes warrant prison time.

Summary probation (informal probation) often lasts three to five years. Probation may continue if you follow court orders. They consist of:

Paying penalties and completing DUI School, as well as fulfilling all the requirements of the criminal sentence.
Driving with no detectable alcohol in your blood (i.e., with a blood alcohol content below 0.00%).
Taking a chemical test following any prospective DUI arrests.
Not committing any other crimes.

Will I Lose My Driver’s License?

The only way to prevent having your driver’s license suspended after a DUI arrest is to triumph in both:

The criminal case.
The administrative hearing at the DMV (which is a civil matter distinct from the criminal charge).

With each subsequent DUI, the license suspension term gets longer. But, as long as an IID is installed, you may typically start driving again immediately.

Misdemeanor DUI case in California	Length of license suspension
First-time offense in 10 years	The ban is valid for six months, even if you lose the criminal case. The ban lasts 4 months if you lose the DMV case, but win the criminal case.
Second-time offense in 10 years	1 year if you install an IID. Otherwise, 2 years.
Third-time offense in 10 years	2 years if you install an IID. Otherwise, 3 years.

VC 23152(b) – “DUI Based on BAC .08% or Greater”

The California Vehicle Code section 23152(b) states that it is “unlawful for a person to operate a vehicle who has 0.08 percent or more, by weight, of alcohol in his or her blood.” This is a minor violation, punishable by:

Probation
Fines
DUI classes
Licence suspension
Ignition interlock device
It may also result in jail time or job restrictions.

The “per se” DUI statute in California is VC Section 23152(b). This implies that regardless of your BAC level, you might still be charged with a DUI if you were to drive.

Whether or not you are intoxicated.
Whether you genuinely have a problem with your driving.

BAC may be determined using one of two methods.

A breathalyzer
A blood test

If you are stopped for DUI in California, this provision and Vehicle Code 23152(a) (driving under the influence) may be used against you. Two offenses. Even if you are convicted of both for the same incident, your record will only

Prohibition

VC 23152(b) prohibits drunk driving in California. You can drive safely with a low alcohol content. Driving while intoxicated is prohibited in and of itself.

Prosecutors must prove two factors to prove this crime:

You were operating a car.
Your BAC was 0.08% or above.

Best Defenses in California? There are three VC 23152 (b) DUI defenses that need to be proven to be true:

Your blood alcohol level was really below 0.08% when you were driving.
Your sample of breath was contaminated.
The testing apparatus for chemicals was tampered with.

Penalties

VC 23152(b) violations are misdemeanors, unless you had a previous felony DUI conviction or caused serious injury. Each DUI conviction increases penalties, which vary by jurisdiction. The following table lists the fines and sentences:

Driving under the influence charge	California Penalties*
First time DUI in 10 years	Summary probation for three to five years (often only three); DUI education If BAC is less than 0.15%, DUI school must be completed in three months, amounting to 30 hours. If BAC is between 0.15% and 0.19%, DUI school must be completed in six months, amounting to 60 hours. If BAC is 0.20% or more, DUI school must be completed in nine months, amounting to 90 hours. A Victim Impact Panel appearance; Penalties ranging from $390 to $1,000 plus penalty fees; 6-month suspension of your driver’s license, however, you can normally drive right away if you put an ignition interlock device (IID) in your car during that time; 48 hours to 6 months in prison (judges usually don’t award prison time if they grant probation); and Job release (depending on the county).
Second time DUI in 10 years	3 to 5 years of summary probation; an 18 to 30-month program for DUI education Penalties range from $390 to $1,000 plus penalty fees. 2-year license suspension, yet you can often drive right away for a year with an IID in your vehicle. One year to 96 hours in prison (the court may agree to grant house arrest or a work program instead of jail).
Third time DUI in 10 years	Summary probation for three to five years; a 30-month DUI school program. Penalties range from $390 to $1,000 plus penalty fees. 3-year license suspension, yet you can often drive right away for two years with an IID in your vehicle. 1 year to 120 days in county jail (the minimum sentence is 30 days in jail if the judge grants probation and orders a 30-month DUI school course).
Where there are aggravating factors*, such as exceeding the speed limit while under the influence of alcohol (VC 23582), conveying a juvenile under the age of 14, or operating a vehicle with a blood alcohol concentration of 0.15% or more, the punishment may be increased.

Can I Avoid Jail By Doing Probation?

DUI sentences often include summary probation. However, repeat DUIs demand prison time.

Summary probation, or informal probation, often lasts three to five years. Probationary conditions include:

Obeying the requirements of the punishment, such as finishing DUI School and paying any penalties.
Not consuming any detectable level of alcohol before and during driving.
Accepting to submit to a breathalyzer or blood test as evidence if you are arrested for DUI again.
Keeping clear of problems (committing no other crimes).

In certain cases, the court will also order you to do the following:

Attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings.
Participate in the Mothers Against Drunk Driving (MADD) program.
Paying the victims (if any) restitution.

If you violate these probation terms, you risk being sent to jail.

Will I Still Be Able to Drive?

If you do not win both, your license will be suspended after every DUI arrest:

The legal matter.
Hearing at the DMV (which is an administrative matter separate from the criminal case).

Once you put an IID in your car, you may usually start driving straight away.

Misdemeanor DUI case in California	Length of license suspension
First-time offense in 10 years	The ban is valid for 6 months even if you lose the criminal case. The ban lasts 4 months if you lose the DMV case but win the criminal case.
Second-time offense in 10 years	1 year if you install an IID. Otherwise, 2 years.
Third-time offense in 10 years	2 years if you install an IID. Otherwise, 3 years.

What is a Marijuana DUI?

Cannabis DUIs are felonies. Marijuana DUIs have the same consequences as alcohol DUIs. Vehicle Code 23152 commonly applies to marijuana-impaired drivers (f). If the prosecution proves:

The defendant operated a motor vehicle.
The defendant was under the influence of marijuana at the time he did so.

For the prosecution to convict you, it does not need to show that you broke other laws, such as speeding or causing an accident.

Evidence for Prosecution

The following types of evidence may be used by prosecutors to demonstrate that you were high while you were operating a motor vehicle:

Observations about your appearance
Slurred speech
Involuntary eye movement
Confusion
Your conversation with the police
Bad driving
Failing field sobriety tests
Presence of drugs or drug paraphernalia in your automobile

Consequences

In Los Angeles, minor charges for marijuana DUIs are often brought. However, the penalties for being found guilty of driving while intoxicated by marijuana vary and get more severe with each conviction.

First Offense Marijuana DUI

A first marijuana DUI arrest is generally a misdemeanor punishable by five to six months in county prison. The infraction entails a $1,000 fine and a 6-month license suspension.

Second Offense Marijuana DUI

Without aggravating elements, a second marijuana DUI is normally a misdemeanor punished by 90 to 12 months in county prison. The crime involves a two-year license suspension and a $1,000 fine. Second marijuana DUI offenses must occur within ten years. A second offense is a first offense after 10 years.

Third Offense Marijuana DUI

The third marijuana DUI is usually a misdemeanor and involves a minimum of 120 days in prison and a maximum of 12 months in county jail and a $1,000 fine. You could lose your license for three years if you rejected the station’s chemical test.